Grand jury in New Brunswick fatal police shooting case does not bring charges against officers

NEW BRUNSWICK — A grand jury has cleared two New Brunswick police officers involved in last year’s fatal shooting of an unarmed man, authorities said tonight.

Barry Deloatch, 46, was shot once after fleeing from police, then scuffling with an officer in an alley off Throop Avenue just after midnight Sept. 22. The shooting of the Piscataway man sparked public outcry, several protests and allegations of police brutality. Deloatch’s relatives and community activists demanded the officers, Brad Berdel and Daniel Mazan, be fired and indicted.

The Middlesex County grand jury declined to indict the officers, however, after meeting exclusively on the case for nearly three months. A protest against the grand jury’s decision was being organized for Friday morning.

Officials from the county prosecutor’s office met today with Deloatch’s brother and sister-in-law, Tommy and Barbara Deloatch, to tell them of the grand jury’s decision.

“I don’t have any comment. I’m too upset right now,” Barbara Deloatch, a clerk for the Middlesex County Sheriff’s Department, said when contacted tonight.

“This is exactly what I expected,” Deloatch’s other brother, Bennie, said from his home in South Carolina. “I talked with Tommy and I told him, ‘I hope you didn’t expect anything different.’ ”

Deloatch's sons spoke out late Thursday against the decision.

"We are devastated," said Barry Gavin, the older of the two, in a statement. "This is not right."

Gavin and Deloatch's younger son Barry Deloatch Jr. said they were also disturbed that the prosecutor disregarded their wish to have the news released Friday morning after they were briefed.

The brothers said they still have numerous questions about what happened, and said details released in the prosecutor's statement "suggest that the shooting was at best grossly negligent and the product of a dysfunctional force, and at worst a crime."

Prosecutor Bruce Kaplan said in a statement tonight that the grand jury met for 11 consecutive weeks, heard 57 witnesses, and reviewed 280 exhibits before deciding not to indict Berdel and Mazan.

“Although some may disagree with the grand jury’s finding, the review and decision by the panel of ordinary citizens will withstand the scrutiny of any potential review by any state or federal agency,” Kaplan said. “While the shooting is a tragedy on many levels, it is clear that the grand jury conducted a thorough, impartial and independent review.”

In the events that culminated with the shooting on Throop Avenue, Berdel and Mazan approached three men, including Deloatch, who had just emerged from an alley shortly after midnight. When the men were ordered to show their hands, Deloatch refused, holding one hand behind his back, Kaplan said. When Mazan drew his weapon and repeated the order, Deloatch ran, prompting the officers to give chase, authorities have said.

When Mazan caught and tackled Deloatch, the suspect began beating the officer with a 2-foot stick, police have said. Berdel, fearing for his partner’s life, fired at Deloatch, killing him, authorities have said. It was later determined Deloatch was not armed.

An autopsy report said Deloatch was shot once in his left side and that the bullet pierced his aorta, authorities said. A subsequent toxicology report showed Deloatch had cocaine and heroin in his blood, Kaplan said.

The shooting sparked nearly a week of daily protests, resulting in several arrests. Angry residents stormed city council meetings and called for the mayor to resign.

The protests were to continue Friday with a rally scheduled for 11 a.m. near the site of the shooting, said Salaam Ismial, founder of the United Youth Council. Ismial said family members plan to attend.

Kaplan said he will now refer the case to the New Brunswick Police Department for an administrative review to determine if any rules, regulations, policies or procedures were violated.

Berdel and Mazan have been on administrative leave, but Police Director Anthony Caputo said tonight that he will “start the process to return them to active duty.”

Michael Sutton, a spokesman for New Brunswick PBA Local 23, said the police union was satisfied with the grand jury’s decision.

“We’ve always been confident … the grand jury would find that officers Berdel and Mazan used an appropriate and justified level of force and acted within the New Jersey State Attorney General Guidelines,” Sutton said. “We expect that this outcome will satisfy those who prematurely passed judgment on our officers. We look forward to Officers Berdel and Mazan returning to work and continuing to serve the city of New Brunswick.”